Which of the following is not a congressional power?
a. Lay and collect taxes
b. Raise and support an army
c. Declare war
d. Nominate federal judges
The Correct Answer and Explanation is:
The correct answer is d. Nominate federal judges.
Explanation:
The powers of Congress are outlined in Article I of the U.S. Constitution, which defines the legislative branch’s responsibilities. Congress has a range of specific powers that allow it to regulate and oversee national matters. Let’s break down each option:
- Lay and collect taxes (a):
Congress has the power to levy taxes, which is explicitly granted by the Constitution. This power is essential for the government to fund its operations and responsibilities, such as providing for the common defense and promoting the general welfare (Article I, Section 8). - Raise and support an army (b):
Congress is granted the authority to raise and maintain an army and navy. This power is critical for ensuring the defense of the nation. The Constitution allows Congress to provide for national defense by funding the military, maintaining forces, and regulating military forces (Article I, Section 8). - Declare war (c):
One of the most important powers of Congress is the authority to declare war. This power ensures that the decision to enter into warfare, a significant national action, rests with the legislative body. The Constitution grants Congress this power (Article I, Section 8), though the President, as commander-in-chief, directs military operations once war is declared. - Nominate federal judges (d):
The power to nominate federal judges is not granted to Congress. Instead, it is the responsibility of the President. According to Article II, Section 2 of the Constitution, the President nominates federal judges, including Supreme Court justices, and those nominations are subject to Senate approval. While Congress plays a role in confirming judicial appointments through the Senate’s “advice and consent,” it does not have the authority to nominate judges.
Therefore, option d, “Nominate federal judges,” is not a power vested in Congress but rather in the executive branch.